Rob Anderson KC with Will Macintosh appeared for the respondent instructed by HWL Ebsworth Lawyers.
This judgment concerns the costs of an order on 20 February 2026 that dealt with the merits of the appeal and allowed the parties an opportunity to make written submissions as to costs of the appeal. The applicant sought an order that the respondent pay one half of its costs of the appeal. On the other hand, the respondent sought an order that the applicant pay its costs of the appeal. The Court held that there should be no order as to the costs of the appeal as this would more appropriately reflect the substantive outcome of the appeal.
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